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The Law & You

Can Someone Be Sued if They Have Filed for Bankruptcy?

The Law & You
March 3, 2020

The Law and You

Can Someone Be Sued if They Have Filed for Bankruptcy?

Is it true that once someone files for bankruptcy, they can’t be sued?

Haley Bianco: It’s time once again for “The Law And You” where we give you free legal advice right here on TV. Joining us here we have attorneys Greg Fellerman and Harry McGrath back for more fun.

Greg Fellerman: That’s right.

Harry McGrath: Yes.

Haley Bianco: We’re in the Ides of March, is that what it’s called?

Harry McGrath: Yep.

Greg Fellerman: Mhm.

Haley Bianco: Yes! And we’re loving every moment of it!

Greg Fellerman: Yes.

Harry McGrath: Definitely.

Haley Bianco: Let’s get to today’s question. And this comes from viewer Mandy from Clarks Summit, she says: “Is it true that once someone files for bankruptcy, they can’t be sued?” What do you think, Harry?

Harry McGrath: Well, Mandy, at the outset when the company files for bankruptcy if they have any cases against them they are stayed, so, it’s basically like a case that gets put on pause. If you’re someone that’s thinking about bringing a case onto a company that’s gone into bankruptcy or a person, then you have to make sure to find out the status before doing so because you can’t technically file a lawsuit but what you can do is become a creditor on the bankruptcy so, you’re seeing this a lot now with some of these claims involving the catholic church, involving the boy scouts, um there’s different parts of them that have filed for bankruptcy so you need a lawyer who knows what they’re doing in order to approach that so you don’t violate any kind of bankruptcy statute.

Greg Fellerman: Ya, that’s right, we’re doing one down in Florida.

Harry McGrath: Mhm.

Greg Fellerman: And the company filed for bankruptcy, and I believe they just lifted the stay, so, were back in action with that, taking depositions and moving the case forward but it does pause the case, and we usually bring in a bankruptcy firm to help us with it because we usually don’t do bankruptcy to make sure we do everything right, but once that stay is lifted were back in and were litigating those cases actively. So, but, they do get a little technical and complicated, you need to have an attorney. So pick up the phone, give us a call, we’ll help you out.

Harry McGrath: Yep.

Haley Bianco: Okay. Good stuff. And people can stop by one of your locations. Where are you located locally?

Greg Fellerman: We are in Kingston, we have an office in Scranton, and possibly a new one coming, and we have an office in Philadelphia.

Haley Bianco: Oh great!

Greg Fellerman: So, ya, we have a lot of stuff going on!

Haley Bianco: Ok! Wonderful! You can find them on all social media. You can also give them a call and contact them on their website. And if you want your question answered here on the Law And You, then just submit it here on

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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